BILL NUMBER: SB 235	CHAPTERED  06/09/00

	CHAPTER   37
	FILED WITH SECRETARY OF STATE   JUNE 9, 2000
	APPROVED BY GOVERNOR   JUNE 9, 2000
	PASSED THE SENATE   MAY 30, 2000
	PASSED THE ASSEMBLY   MAY 22, 2000
	AMENDED IN ASSEMBLY   MAY 15, 2000
	AMENDED IN ASSEMBLY   MARCH 30, 2000
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JUNE 29, 1999

INTRODUCED BY   Senator Haynes

                        JANUARY 25, 1999

   An act to amend Sections 7316 and 7346 of the Business and
Professions Code, relating to cosmetology.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 235, Haynes.  Cosmetology:  licensing.
   The Barbering and Cosmetology Act provides that it is unlawful for
any person, firm, or corporation to engage in barbering,
cosmetology, or electrolysis without a valid current license issued
by the Director of the Department of Consumer Affairs or his or her
designee, and defines the practices of barbering and cosmetology as
including specified services.
   This bill would provide that the practices of barbering and
cosmetology do not include the mere sale, fitting, or styling of wigs
and hairpieces or natural hair braiding, which is a service that
results in tension on hair strands or roots by twisting, wrapping,
weaving, extending, locking, or braiding hair by hand or mechanical
device, provided that this service does not include the cutting of
hair or the application of dyes, reactive chemicals, or other
preparations to alter the color of the hair or to straighten, curl,
or alter the structure of the hair.  This bill would provide that a
person who engages in natural hair styling, which is defined as the
provision of natural hair braiding services together with any of the
services or procedures defined within the regulated practices of
barbering or cosmetology, is subject to regulation under the act and
shall obtain and maintain a barbering or cosmetology license as
applicable to the services respectively offered or performed.  This
bill would also make corresponding changes to the list of practices
constituting cosmetology, and would additionally delete from this
list the specific practice of brushing of hair. It would also provide
that "establishment," as used in the act, includes any premises,
building, or part of a building where natural hair styling is
practiced for compensation.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7316 of the Business and Professions Code is
amended to read:
   7316.  (a) The practice of barbering is all or any combination of
the following practices:
   (1) Shaving or trimming the beard or cutting the hair.
   (2) Giving facial and scalp massages or treatments with oils,
creams, lotions, or other preparations either by hand or mechanical
appliances.
   (3) Singeing, shampooing, arranging, dressing, curling, waving,
chemical waving, hair relaxing, or dyeing the hair or applying hair
tonics.
   (4) Applying cosmetic preparations, antiseptics, powders, oils,
clays or lotions to scalp, face, or neck.
   (5) Hair styling of all textures of hair by standard methods which
are current at the time of the hair styling.
   (b) The practice of cosmetology is all or any combination of the
following practices:
   (1) Arranging, dressing, curling, waving, machineless permanent
waving, permanent waving, cleansing, cutting, shampooing, relaxing,
singeing, bleaching, tinting, coloring, straightening, dyeing,
applying hair tonics to, beautifying, or otherwise treating by any
means, the hair of any person.
   (2) Massaging, cleaning or stimulating the scalp, face, neck,
arms, or upper part of the human body, by means of the hands,
devices, apparatus or appliances, with or without the use of cosmetic
preparations, antiseptics, tonics, lotions, or creams.
   (3) Beautifying the face, neck, arms, or upper part of the human
body, by use of cosmetic preparations, antiseptics, tonics, lotions,
or creams.
   (4) Removing superfluous hair from the body of any person by the
use of depilatories or by the use of tweezers, chemicals,
preparations or by the use of devices or appliances of any kind or
description, except by the use of light waves, commonly known as
rays.
   (5) Cutting, trimming, polishing, tinting, coloring, cleansing, or
manicuring the nails of any person.
   (6) Massaging, cleansing, treating, or beautifying the hands or
feet of any person.
   (c) Within the practice of cosmetology there exist the specialty
branches of skin care, and nail care.
   (1) Skin care is any one or more of the following practices:
   (A) Giving facials, applying makeup, giving skin care, removing
superfluous hair from the body of any person by the use of
depilatories, tweezers or waxing, or applying eyelashes to any
person.
   (B) Beautifying the face, neck, arms, or upper part of the human
body, by use of cosmetic preparations, antiseptics, tonics, lotions,
or creams.
   (C) Massaging, cleaning, or stimulating the face, neck, arms, or
upper part of the human body, by means of the hands, devices,
apparatus, or appliances, with the use of cosmetic preparations,
antiseptics, tonics, lotions, or creams.
   (2) Nail care is the practice of cutting, trimming, polishing,
coloring, tinting, cleansing, or manicuring the nails of any person
or massaging, cleansing, or beautifying the hands or feet of any
person.
   (d) The practice of barbering and the practice of cosmetology do
not include any of the following:
   (1) The mere sale, fitting, or styling of wigs or hairpieces.
   (2) Natural hair braiding.  Natural hair braiding is a service
that results in tension on hair strands or roots by twisting,
wrapping, weaving, extending, locking, or braiding by hand or
mechanical device, provided that the service does not include hair
cutting or the application of dyes, reactive chemicals, or other
preparations to alter the color of the hair or to straighten, curl,
or alter the structure of the hair.
   (e) Notwithstanding paragraph (2) of subdivision (d), a person who
engages in natural hair styling, which is defined as the provision
of natural hair braiding services together with any of the services
or procedures defined within the regulated practices of barbering or
cosmetology, is subject to regulation pursuant to this chapter and
shall obtain and maintain a barbering or cosmetology license as
applicable to the services respectively offered or performed.
   (f) Electrolysis is the practice of removing hair from, or
destroying hair on, the human body by the use of an electric needle
only.
   "Electrolysis" as used in this chapter includes electrolysis or
thermolysis.
  SEC. 2.  Section 7346 of the Business and Professions Code is
amended to read:
   7346.  (a) For purposes of this chapter, "establishment" means any
premises, building or part of a building where any activity licensed
under this chapter is practiced.
   (b) "Establishment" also includes any premises, building, or part
of a building in which natural hair styling is practiced for
compensation.
